Insurance Cover for accident on motorway on 2nd provisional Licence

S

sdolan27

Guest
Hey guys,

Was just wondering if anyone has any idea on procedure if you are driving on the motorway and you have a bad accident but driving under provisional licence? The car is a complete right-off but can my insurance company say that I wasn't covered for been on the motorway?
 
The car is a complete right-off but can my insurance company say that I wasn't covered for been on the motorway?
I'd assume they can. It's illegal for a provisional driver to drive on the motorway.

If you check your terms and conditions on the insurance policy I'm sure you'll see something about the insurance only covering you if your not breaking the law (it won't be worded quite like that but the basic idea will be the same) [I believe my own mentions some specifics such as racing etc. but definatly a catch all which states any illegal activity is not covered].
 
I'd assume they can. It's illegal for a provisional driver to drive on the motorway.

If you check your terms and conditions on the insurance policy I'm sure you'll see something about the insurance only covering you if your not breaking the law (it won't be worded quite like that but the basic idea will be the same) [I believe my own mentions some specifics such as racing etc. but definatly a catch all which states any illegal activity is not covered].

Are you sure there is correct... if it is they can refuse to pay out on anyone 1kph over speed limit ?
 
Are you sure there is correct... if it is they can refuse to pay out on anyone 1kph over speed limit ?

They probably could/would if you were "speeding" and this could be proven. at the time. If the damage was substantial enough they also may investigate in greater detail to find whether or not the driver was driving dangerously at the time or speeding.

SO technically Id say yes........
 
policy ususally says 'provided you hold a licence to drive, or having held a licence, are not disqualified from holding a licence.

if company interpret it that you did NOT hold a licence to drive, and you did not as you cannot drive on a motorway without a full licence, then not paying the cost of your car might be the least of your problems as thay would be entitled to come after you to pay the third party claim as well!
 
I worked in a car ins co in a previous life and as long as you held a licence of any kind you were covered, I never heard of someone on a provisional licence being withheld claim amounts, think about the number of provisional licence holders in Irl today, if ins. copmanies were withholding payments then there would be no need for this query as it would be well know.
 
slave1 said:
I never heard of someone on a provisional licence being withheld claim amounts, think about the number of provisional licence holders in Irl today, if ins. copmanies were withholding payments then there would be no need for this query as it would be well know.
I didn't claim they would withhold the payment, the OP asked if they could. Due to the fact that the OP was breaking the law, from my own vague memory of my insurance Ts&Cs [and I could be recalling them incorrectly], I believe they may have a case to refuse if they so wished (they will have to cover any third party but again, could decide to chase this up with the OP after).

A previous thread here on AAM detailed a claim being made where the insured hadn't disclosed penalty points on their licence and the insurance company refused to pay out. I'd view breaking the law to be in a similiar (if not higher) bracket as non disclosure of information.

I had a quick google and didn't find any cases where a provisional driver (having had an accident on the motorway) had any problems with a claim. That doesn't mean that there aren't examples out there, it also doesn't mean that the insurance company has to pay out or that they won't pay out, but given that the law was broken they may (I can't state for certain either way) have a case to withhold. Whether they do or not is an entirely different matter.

I know numerous claims where a provisional driver (1st prov.) driving alone have been covered (again, technically breaking the law) in accidents. I would have again assumed the insurance company would have had a case to withold payment if they had wished too. Even if the convention is that they pay out, it doesn't mean that they must.
[There may well be something which does mean that they must, but just banking on "they pay everyone else" isn't really arming yourself with knowledge]
 
I cannot agree.

Driving a car on a motorway on a provisional license is an offence. It is also outside the scope of what the driver is allowed to do under thier license.
 
Definitely covered, whether they pay out or not will obviously depend on the particulars of the case.
 
Definitely covered, whether they pay out or not will obviously depend on the particulars of the case.
:confused: If they are covered how could the insurance company refuse to pay out?

[Personally, I think most ins. companies do pay out in these cases. Never understood why. Possibly increased revenue for the industry having a driver with a claim? Possibly for good PR?]
 
:confused: If they are covered how could the insurance company refuse to pay out?

[Personally, I think most ins. companies do pay out in these cases. Never understood why. Possibly increased revenue for the industry having a driver with a claim? Possibly for good PR?]


I presume they worked out how much these extras cost and that is why insurance with a full licence is cheaper...
 
Here's a thought - if an insurance policy wording says "provided you hold a licence to drive, or having held a licence, are not disqualified from holding a licence", are you covered if your licence lapses? You held a licence and haven't been disqualified! The law says you can't drive without a licence, but would you be insured without one!
 
Here's a thought - if an insurance policy wording says "provided you hold a licence to drive, or having held a licence, are not disqualified from holding a licence", are you covered if your licence lapses? You held a licence and haven't been disqualified! The law says you can't drive without a licence, but would you be insured without one!

Yes you are.....
 
The insurance company would pay out but you could be prosecuted by the guards for driving on the motorway on a prov licence.
If it was the fact that an insurance would not pay out for this type of claim then why would insurance companies offer insurance for provisional licences at all? by law all prov licence holders must be accompanied by a full licence driver. As we all know majority of prov licence holders drive alone & I've never heard of a claim being refused on this basis.
 
"by law all prov licence holders must be accompanied by a full licence driver."

Not true, you can drive alone on your second provisional AFAIK
 
If it was the fact that an insurance would not pay out for this type of claim then why would insurance companies offer insurance for provisional licences at all?
To allow those that stay within the law, drive with a fully licenced driver and don't go on motorways, to gain experience driving so they can get a full licence.

by law all prov licence holders must be accompanied by a full licence driver. As we all know majority of prov licence holders drive alone & I've never heard of a claim being refused on this basis.
I've never heard of it either, but that doesn't mean that the insurance company must pay out. There is a huge difference between what happens in reality (by convention) and what must happen (as required by law).

I would be surprised if the insurance company didn't/doesn't pay out on the OPs case, but I've yet to be convinced (or even swayed slightly towards) that they must.

[the original question was "can" the company refuse pay out not "will"]
 
To allow those that stay within the law, drive with a fully licenced driver and don't go on motorways, to gain experience driving so they can get a full licence

Ok I have never known or heard of anyone strictly obeying to the above, it looks good on paper but in reality doesn't happen.
I drove a motor bike years ago, on a prov licence, and EU law made it compulsary for all insurance companies to provide third party pillion passenger cover. I rang up my insurance company & queried would i be covered by mt policy as, by law, you had to hold a full motorbike licence to carry a passenger. Insurance company told me that a claim would be covered, even though I only held a provisional licence, however I could be prosecuted by the guards for carrying a passenger while holding a prov licence.
I know this is motorbike insurance but the above is very similar circumstances to the OP's question.
 
Ok I have never known or heard of anyone strictly obeying to the above, it looks good on paper but in reality doesn't happen.
Well, I for one can confirm that I did stick to it.

Partly because I didn't have the opportunity to drive without a licenced driver on my first provisional (I hardly had the opportunity to drive full stop) and on my second I was legally allowed to drive alone, getting my full licence a few months into my second prov.

There were no motorways on/near any routes I took during that time so I had no reason to go outside the law, but many people do go out of the way to ensure they stay within it.
 
I have never heard of a claim being refused for this reason, It may be something new that a particular insurance company is now trying to do, but I would be very surprised if they got away with it.

I have seen several cases where cars have been written off as a result of drink driving and the claim has been paid - Insurers are now trying to introduce a drink/drug clause in their policies to stop this.

If the sole reason they are refusing the claim is because you hold a prov lic then I suggest you contact insurance federation or ombudsman.
 
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